2 7. To declare that, in […] this provisional measures proceedings, it will not consider the effectiveness of the investigations into the facts that gave rise to the measures, nor the alleged negligence of the State in these investigations, because this corresponds to the examination of the merits of the case, which will be dealt with at the appropriate stage in the processing of case 12,328, currently under consideration by the Inter-American Commission on Human Rights. […] 2. The reports numbers ten to twelve and their annexes, forwarded from August 8, 2007 and January 22, 2008, whereby the Federative Republic of Brazil (hereinafter “the State” or “Brazil”) reported on the action taken with regard to the provisional measures ordered by the Court on this matter. 3. The briefs filed by the representatives of the beneficiaries of the provisional measures (hereinafter “the representatives”) from September 7, 2007 to March 6, 2008, whereby they submitted their comments on the ninth to twelfth reports filed by the State. Furthermore, the representatives filed a brief on May 30, 2008, whereby they informed the Court about the reasons preventing them from drawing up a report on the conditions in which the beneficiaries of the provisional measures were. 4. The briefs filed by the Inter-American Commission on Human Rights (hereinafter “the Inter-American Commission” or “the Commission”) between October 24, 2007, and April 4, 2008, whereby it forwarded its comments on the reports by the State numbers nine to twelfth on implementation of the provisional measures ordered by the Court, as well as the comments filed by the representatives. 5. The Order by the President of the Tribunal adopted on June 10, 2008, in consultation with the other judges of the Court, whereby she decided to convene the parties to a public hearing to be held on August 13, 2008, in the city of Montevideo, Oriental Republic of the Uruguay, during the XXXV Special Session of the Court, “so that the Tribunal [could] hear their argument on the provisional measures ordered in the instant matter.” 6. The Order by the Inter-American Court of August 8, 2008, whereby it decided to commission Judges Diego García-Sayán, Acting President, Sergio García-Ramírez, Manuel E. Ventura-Robles, Leonardo A. Franco, Margarette May Macaulay and Rhadys Abreu-Blondet to hold the public hearing on the instant matter (supra Having Seen Clause 5). As per the Considering Clause 3 of such Order, “the Judges of the InterAmerican Court who sit for the instant [matter] will continue processing it until it be disposed of, regardless of whether they took part in the public hearing.” 7. The public hearing on the instant provisional measures, held on August 13, 20081; oral argument by the parties at the above mentioned hearing; and the 1 The following were present at this hearing: (a) for the Inter-American Commission: Juan Pablo Albán-Alencastro and Lilly Ching-Soto; b) for the representatives of the beneficiaries: Viviana Krsticevic, Beatriz Affonso, Helena de Souza Rocha, Gorete Marques de Jesus, Tiane Gaspar Temoteo, Adriane Loche and Heloisa Machado; and c) for the State of Brazil: Paulo Vannuchi, Marcia Ustra, Cristina Timponi Cambiaghi, Bartira Meira Ramos Nagado, Ana Lucy Gentil Cabral Peterson, Nathanael de Souza e Silva, Berenice Maria Giannella, Marcos Fábio de Oliveira Nusdeo, and Antonio Ferreira Pinto.